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Showing posts with label Draw of Lots. Show all posts
Showing posts with label Draw of Lots. Show all posts

Sunday, 20 June 2021

Supreme Court - an allottee does not obtain a vested right of allotment on a draw of lots.

 In the Matter of Delhi Development Authority vs Pushpendra Kumar Jain, Appeal (civil) 6205 of 1994 Decided on 23 September, 1994 before Supreme Court of India

Their Lordships have laid down the following principles:

(i) an allottee does not obtain a vested right of allotment on a draw of lots. The system of drawing of lots is only a mode, a method, a process to identify the allottee i.e. it is a process of selection. It is not allotment by itself. Mere identification or selection of allottee does not clothe the person selected with the legal right to allotment at the price prevailing on the date of draw of lots;

(ii) since the right to flat arises only on the communication of the letter of allotment the price or rate prevailing on the date of such communication is applicable unless otherwise provided in the scheme;

(iii) the scheme does not prescribe the period within which allotment has to be communicated from the date of draw of lots. It has of course to be done within a reasonable period